Forks supervisors, home builder settle differences

The Forks Township Board of Supervisors has agreed to a settlement with a developer that sued over the details of a housing development first approved in 2006.

The Forks Township Board of Supervisors has agreed to a settlement with a developer that sued over the details of a housing development first approved in 2006. (JANE THERESE / TMC)

Christy Potter, Special to The Morning Call

Does Forks Township settle with developer over housing plan?

The Forks Township Board of Supervisors has agreed to a settlement with a developer that sued over the details of a housing development first approved in 2006.

Attorney John Mahoney, who has been retained by the Pennsylvania Intergovernmental Risk Management Association, met with a quorum of board members in executive session twice this month to discuss the litigation Nic Zawarski and Sons and Oakland Square Partnership brought against the township and zoning officer Tim White earlier this summer.

The developer received permission to build 76 homes and more than 300,000 square feet of commercial retail buildings called Towne Centre at Sullivan Trail, according to the suit. It also states that Zawarski submitted building permit applications in March of this year seeking to build another 24 homes on the property, but Weis said he could not process the applications based on "several unidentified items."

During Thursday night's meeting, supervisors discussed the matter with Mahoney, who recommended the township settle the matter ahead of a hearing scheduled for Friday.

The original plan was for 19 town homes to be built at a time, followed by a commercial plot, repeating that pattern until all 76 homes were built. Mahoney said that, for reasons that are unclear, the plan was approved by the township without the developer posting any financial security.

The financial security would ensure that infrastructure is taken care of, including asphalt top coating and bottom coating, as well as storm water management. Mahoney said at that time, the financial security should have been about $1.5 million, but that will need to be updated to reflect increased costs of asphalt.

He recommended that the township approve the settlement agreement that allows the developer to build all the homes first, and set the commercial plots aside until they can be sold. As part of the settlement, the developer will provide financial security.

Supervisor Erik Chuss, who was on the planning commission when the development was first approved, said he does not support the township settling. He said at the time the development was controversial and that the planning commission took a "very liberal" interpretation of the township's zoning ordinance.

"I feel that the township could have handled this better, but because they did not address financial security, they [the developer] don't have a very strong leg to stand on either," Chuss said. "I feel that although we may not have the strongest case, we still have a strong one."

He added there is limited land in Forks' town center and that the township does not need more homes.

Supervisors Chairman John O'Neil, however, said the developer already has permission to build the homes and is seeking approval to build all the homes first, ahead of the commercial plots. Chuss said he's concerned that the developer could come back later and say he couldn't sell the commercial plots and wants to build more homes instead. O'Neil said if that happens, the township could go back into litigation with the builder as that's not what the agreement specified.

Supervisor Dan Martyak said he supports the settlement because the township will not be getting any more homes that were originally agreed upon, and the township will now have the security of knowing the infrastructure will be taken care of.

Mahoney said the settlement does not change the terms of the 2006 approval.

Former Supervisor Bonnie Nicholas, who was on the board in 2006, said she agrees with Chuss and does not think the commercial plots will ever come to fruition.

Supervisors voted 4-1 to approve the settlement, with Chuss the only dissenting vote.